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WorK Visa Refusal Ireland

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AnandVishwanathan
Newly Registered
Posts: 18
Joined: Mon Dec 13, 2004 2:02 pm

WorK Visa Refusal Ireland

Post by AnandVishwanathan » Mon Dec 13, 2004 2:12 pm

Hello,

I got an offer from an Irish Company and i have a Bachelors Degree from Ireland in Computing. I was refused work visa on the grounds that the salary offered to me was not in standard for a highly skilled IT person and that my employeer has to apply for work permit instead. I cannot even appeal the refusal. The salary offered to me was Euro 21 K per annum.
My employeer wont apply for work permit cause of the delay. What can i do in this case ?

marialear
Member
Posts: 127
Joined: Sun Jan 13, 2002 1:01 am

Post by marialear » Mon Dec 13, 2004 4:01 pm

Hi there,

Unfortunately, it appears to be becoming harder and harder for non-EU come over here. I sympathize with your situation, but all is not lost yet.

If you try and contact the Dept of Enterprise, Trade and Employment directly www.entemp.ie and ask them exactly what the actual, written requirements are for a work visa/authorization, you may be able to find out why you were turned down & if you can appeal the decision. They have a few contact numbers and email addresses, so you may be able to find out from them.

You say that your degree was from an Irish university/college? Are you here on a student visa basis then? Are you still living in the country legally? Hmmm, I'm not sure what the rules are for students here, maybe there is a process by which you can apply for a permit of some sort to stay here, based on the fact that you area & have been living & studying here for an amount of time?

Do you have any family ties such as an Irish parent or grandparent that you could use for naturalization? (Always the easier option, easier by paperwork, not by time, not taking 18 months to process an application for naturalization)

What I can tell you is about the Work Permit Scheme, speaking from personal experience, it ain't simple!

The work permit system is becoming more and more difficult to get approved. Right now, the rules are that (1) first you must find an employer who is willing to hire you as work permits are issued to the Employer not the employee.

(2) The job in question must not be considered by the Irish goverment to be of 'ineligiable work permit status.' The Department of Enterprise, Trade & Employment issue a list on a quarterly basis of specific job categories that they consider to be not eligible for a permit (bar work, hotel, restaurants, certain construction jobs, nanny etc)

(3) The employer must register the job vacancy on the Irish employment service FAS for 4 weeks to any and all available Irish & EU people who could sucessfully work the position.

(4) It no suitable Irish or EU person can be found, then FAS will notify the employer in writing that they may then go ahead and try and find a non-EU employee. Only then can you apply (Yipee!)

(5) The application itself is straight forward, normal application details but the employer must show the FAS proof that they looked in vain for an Irish or EU person before going through the Work Permit option.

(6) The employer pays for the permit, not you (right now it's 500 Euro for one year permit).

(7) The permit can not be transferred to another job. If you decide that you want to change employers, you must start from scratch. However, procedures are in place if you become unemployed through no fault of your own, like if you get laid off because they ran out of work for you. Apparently you can submit these details to the Dept of Enterprise and they will work something out for you (I'm not sure of the details as I don't know anyone who this has happened to) Check with the department to make sure.

(8) Your permit is renewable on a yearly basis, give them 12 weeks before your old one is due to run out when applying for a renewal. If you let your work permit expire before you get it renewed, you're out, back to square one.

The Irish employer is legally obliged to pay you the same and have the same working conditions as any other Irish/EU employee.

Hope this is of some help? Def look at www.entemp.ie for the rules of applying for work permits and work authorizations/visas.

Good luck to you.

Regards,

Maria

tvt
Senior Member
Posts: 526
Joined: Mon Jul 15, 2002 2:01 am
Location: London

Post by tvt » Mon Dec 13, 2004 4:13 pm

The proposed salary is indeed low.
-----------------------------------
<<<N. N. - G. N.>>>

AnandVishwanathan
Newly Registered
Posts: 18
Joined: Mon Dec 13, 2004 2:02 pm

Work Visa Refusal Ireland

Post by AnandVishwanathan » Mon Dec 13, 2004 5:43 pm

Maria asked - You say that your degree was from an Irish university/college?
Answer:- Yes my B.Sc. Degree is from Waterford Institute of Technology


Maria asked - Are you here on a student visa basis then?
Maria asked - Are you still living in the country legally?

Answer:- I was on Student Basis and i lived legally alright.

Maria asked - have been living & studying here for an amount of time?
A:- Yes i was living and studying here for a year.

Maria asked - Do you have any family ties such as an Irish parent or grandparent that you could use for naturalization?
A:- Unfortunately No.

tvt Said - The proposed salary is indeed low.
Question: - Is there any minimum salary for IT professional ?

marialear
Member
Posts: 127
Joined: Sun Jan 13, 2002 1:01 am

Post by marialear » Tue Dec 14, 2004 9:17 am

Good morning,

Well, based on the fact that you are an Irish-trained person who is and has been here legally for some time, I would try and appeal the decision. Even if they offically say that they will not entertain any appeals, try anyway.

Get all of your paperwork together (passport, GNIB (immigration) card, student papers, previous student visas, bank details...) and make an argument that although you are a non-EU citizen, you have been living in Ireland for some time and you are planning to make Ireland your home. You have chosen to spend your money on an Irish university/college as well as have invested much of your time here. Reiterate to them that you are here legally and are not here to live off the state. You want to use the Irish qualification to work with an Irish company to make money for Ireland.

Maybe get some professional references through the university? Former professors that have taught you and know you, who can vouch for you personally? Maybe get some professional legal representation? It might cost some money but it would be worth it in the long run.

Don't give up. It is very difficult to get into Ireland today and the system is set up to discourage non-nationals, no doubt about it. Find out exactly why you were turned down and argue (nicely of course) against it. It could be anything as simple as a clerical error or filing mistake. Speak to a manager or supervisor of wherever your application was lodged, do not accept the first explaination that you get from someone on the front desk or on the phone. Try everything to state your argument for permission to work here. But do everything in a respectable manner and keep your cool :) Government regulations and red tape can drive a person over the edge :)

Good luck. Keep at it till all possibilities are exhausted!

Sincerely,

Maria

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